Self-defense statutes commonly known as “stand your ground” laws have come under a great deal of scrutiny the last couple of years. Though not a stand your ground case, the George Zimmerman situation was quoted as proof that Florida’s law was unfairly biased against minorities. Michael Dunn’s attempt to cite the law in his defense made things even worse.
Now we’ve got a case in Montana that critics are attempting to lump into the same category. The issue at hand doesn’t involve stand your ground laws, which generally cover self-defense outside the home. Kaarma is claiming immunity under Montana’s castle doctrine law, which covers the defense of home.
Castle doctrine is a much older legal theory, and one about which there’s less controversy. It hinges on the idea that there are certain privileges and immunities regarding the use of force in defense of the home. However, Montana’s law is quite clear that lethal force is only allowable to prevent an assault or forcible felony. Continued...
